Nations, Inc. · Episode 2 of 10 · 21 min
Sovereignty, Inc.: The Law Behind the Tribal Business Boom
The tribal business boom runs on a legal framework: the 1975 Indian Self-Determination Act, special SBA 8(a) authorities for tribes, Alaska Native and Native Hawaiian organizations, and the 1974 Supreme Court ruling in Morton v. Mancari that the tribal-federal relationship is political, not racial. Critics' objections receive fair airing.
Where it happens
- Alaska+11 more episodesAlaska Native Corporations created here by the 1971 settlement act
Timeline
- 1934Indian Reorganization Act lets tribes reorganize as governments
- 1971Alaska Native Claims Settlement Act creates Alaska Native Corporations
- 1974Morton v. Mancari holds tribal status is a political classification, not a racial one
- 1975Indian Self-Determination and Education Assistance Act lets tribes run federal programs
- 1986Congress establishes the SBA 8(a) program in statute
- 2000Tribal Self-Governance Amendments strengthen self-governance compacting
Still debated
Whether the 8(a) advantages for tribes and Alaska Native Corporations are too generous is contested, as is whether Morton v. Mancari survives the 2025-26 legal and policy pressure. How common pass-through abuse is has not been cleanly established.